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Regular Session, 2014 ENROLLED
SENATE BILL NO. 608
BY SENATOR BROWN
AN ACT1
To amend and reenact Code of Criminal Procedure Art. 213 and to enact Code of Criminal2
Procedure Art. 202(F), relative to warrants of arrest; to prohibit the issuance of3
warrants of arrest for school employees under certain circumstances; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Art. 213 is hereby amended and reenacted7
and Code of Criminal Procedure Art. 202(F) is hereby enacted to read as follows:8
Art. 202. Warrant of arrest; issuance9
* * *10
F. Notwithstanding any other provision of law to the contrary, no11
magistrate shall have the authority to issue a warrant for the arrest of a school12
employee, as defined by R.S. 17:16(G), for any misdemeanor allegedly13
committed upon a student during the course and scope of the school employee's14
employment regardless whether the act is alleged to have occurred on or off the15
school campus. In all such instances, a summons shall be issued to the school16
employee pursuant to Code of Criminal Procedure Article 209.17
* * *18
Art. 213. Arrest by officer without warrant; when lawful19
A. A peace officer may, without a warrant, arrest a person when under any20
of the following circumstances:21
(1) The person to be arrested has committed an offense in his presence;, and22
if the arrest is for a misdemeanor, it must be made immediately or on close pursuit;.23
(2) The person to be arrested has committed a felony, although not in the24 SB NO. 608 ENROLLED
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presence of the officer;.1
(3) The peace officer has reasonable cause to believe that the person to be2
arrested has committed an offense, although not in the presence of the officer; or.3
(4) The peace officer has received positive and reliable information that4
another peace officer from this state holds an arrest warrant, or a peace officer of5
another state or the United States holds an arrest warrant for a felony offense.6
B. A peace officer in close pursuit of a person to be arrested, who is making7
an arrest pursuant to this Article may enter another jurisdiction in this state and make8
the arrest.9
C.(1) Except as provided in Paragraph (2) of this Subsection, and10
notwithstanding any other provision of law to the contrary, no peace officer11
shall have the authority to arrest a school employee, as defined by R.S.12
17:16(G), for any misdemeanor allegedly committed upon a student during the13
course and scope of the school employee's employment regardless whether the14
act is alleged to have occurred on or off the school campus. In all such15
instances, a summons shall be issued to the school employee pursuant to Code16
of Criminal Procedure Article 209.17
(2) A peace officer may arrest a school employee as defined in R.S.18
17:16(G) and as provided in Subsection A of this Section in either of the19
following instances:20
(a) The peace officer personally witnesses an alleged violation of R.S.21
14:35 committed upon a student by a school employee, whether on or off22
campus.23
(b) The peace officer receives a complaint of an alleged violation of R.S.24
14:35 committed upon a student by a school employee, whether alleged to have25
occurred on or off campus, and there is physical evidence of a resulting injury26
to the student which is personally witnessed by the officer.27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 608 ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: